An organization representing federal judges is urging the government to directly involve the Supreme Court in a dispute concerning their salaries, as revealed in a letter obtained by Radio-Canada. The Canadian Superior Court Judges Association contends that it would be more efficient to seek resolution from the Supreme Court regarding a proposed salary increase ranging from $28,000 to $36,000 annually for judges within the federal judiciary.
The salary adjustment impacts judges serving in provincial superior courts, as well as those in the Federal Court or Supreme Court who might be called upon to address the issue. The case is currently under review by the Federal Court. If referred to the Supreme Court, the central question for the nine judges would be whether the government’s refusal to approve the raise aligns with its constitutional duties in safeguarding judicial independence.
Justice Janet McMurtry, the association’s chair, emphasized in a letter to Justice Minister Sean Fraser on Feb. 11 that this approach aims to reduce confrontation in the process and avoid prolonged legal battles. Patrick Taillon, a constitutional law expert at Université Laval, highlighted the potential conflict of interest faced by the deciding judges but agreed that bypassing the Federal Court and going directly to the Supreme Court could expedite the resolution, thereby limiting public confidence issues.
Geneviève Tellier, a political science professor at the University of Ottawa, raised concerns about the challenge of maintaining judges’ independence and determining the social acceptability of any proposed salary increase. The Carney government previously rejected the recommendations for a salary hike put forth by the Judicial Compensation and Benefits Commission, citing financial challenges and economic uncertainties stemming from trade tensions with the United States.
The commission had suggested a seven percent increase in the annual base salary for federally appointed judges, with significant adjustments for chief justices and Supreme Court judges. The request for a judicial review was described as a tough decision by McMurtry, emphasizing the importance of an independent process to shield the judiciary from government influence. The commission argued that higher salaries could attract top legal talent to the bench, particularly from lucrative private sector positions.
Comparing public and private sector remuneration, Tellier emphasized the complexity of recruitment and retention in the judiciary, noting that the commitment to judicial service should not be solely driven by financial considerations. The minister of justice’s office declined to comment on the letter, maintaining the government’s stance against a salary increase exceeding inflation levels.
